Features - German Business and Commercial Laws: Guide to Translations into English and Select Auxiliary Sources

Martina Kammer received a master's degree in interpreting and translating
(Diplom-Dolmetscher/Übersetzer) from the University of Leipzig, Germany, in 1976
and a master's degree in library and information science (MLIS) from the Palmer
School of Library and Information Science of Long Island University in 1998. She has
worked as a professional translator for over 20 years. She is currently working for the
New York office of a German corporate law firm.

This Web page is designed as a finding aid for people involved in international legal and business transactions, students, translators and anyone else who might be interested in locating English translations of German business and commercial laws. Included are translations in print
format and those available on the World Wide Web without, however, making a claim to completeness. In addition, this page points to related sources in English providing background information on the economic and legal environment for doing business in Germany, as well as to a number of useful tools, such as dictionaries of business and legal terms, both in print and online, or a list of Web addresses for major publishers of foreign business and legal materials in both Germany and the United States. Also included for reference purposes is a selection of links to major legal Web sites in the German vernacular. Brief source descriptions have been provided wherever the author has had a chance to look at the materials. Currency has been a major priority, but not so recent sources have at times been included for reference purposes. When using, or referring to, legal material from the World Wide Web, it needs to be borne in mind that these sources may be out of date, incomplete, or, in the worst of cases, incorrect. Hence it stands to reason to check their origin and currency.

Rüster, B. (ed.). Business Transactions in Germany (FRG). New York, NY: Matthew Bender; München: C.H. Beck Verlag, current as per May 1999. (Loose-leaf).

Five-volume set in English providing extensive and in-depth coverage of the various aspects of business dealings and business law in Germany, with a separate volume of translations of pertinent laws and code sections (Commercial Code, Act Against Restraints of Competition, Act Against Unfair Competition, Banking Act, Act on Limited Liability Companies, Stock Corporation Act, Standard Contracts Act, Patent Act, Copyright Act, Trademark Act, and others).

The section on Germany in Book 24 of this multi-volume set
contains English translations of major German commercial laws.
It features an extensive table of contents, but lacks an
index or
introduction.

General
Private and Commercial Law

Civil
Code/Code of Civil Procedure

The Code of Civil Procedure Rules of the Federal Republic of Germany of January 30, 1877 and The Introductory Act for the Code of Civil Procedure Rules of January 30, 1877. As of January 1988.
Translated by Simon L. Goren. Littleton, Co: Fred B. Rothman & Co., 1990.

The English text of the two laws with a glossary of terms in German/English.

The German Civil Code. Littleton, Colo.: Fred B. Rothman & Co., 1994.

Translation of the German Civil Code (BGB) as amended to January 1, 1992, and of the
Introductory Act to the Civil Code (EGBGB) of August 15, 1896 (including amendments to
January 1, 1992), with an introduction in English and a German-English/English-German
index.

German-English text with an introduction in English. The revised edition takes into account
the considerable changes in the law during the past few years. The introduction provides a useful summary and overview of the Code and includes pointers to the most relevant or
problematic sections.

Introduction to the German Limited Liability Company Act, with a synoptic German-English
translation of the law, and related legal provisions regarding the articles of association and
other documents establishing the company, the structuring of the balance sheet, profit/loss
accounting of a company, and the commercial register extract.

German-English Texts of the German Stock Corporation Act, the Co-Determination Act, and
the Labour Management Relations Act, with an extensive introduction in English and a German-English/English-German index.

Synoptic texts in German and English of the 1972 International
Transactions Tax Act as amended and the German Finance
Ministry's Administrative Principles on Income Allocation with
a list of abbreviations and an index in both German and
English.

German-English synoptic text, with an introduction in German and English. The footnotes
reproduce the German text and English translation of the numerous legal provisions to which the Reorganization Tax Act refers. The keyword index also serves as a bilingual glossary of
terms.

The volume on Germany provides a compilation of German tax legislation in translation,
including the Corporation Tax Law, the Income Tax Law and the Foreign Taxation Act. It
features an introduction to the German tax system and an extensive index.

Tepass, M./Parssinen D. German Labor Law. Introduction and Collection of German Labor Law Statutes. New York: German American Chamber of Commerce, Inc., 1997.

An introduction to German labor law plus translations of the most important German labor law
statutes and codifications, including excerpts from the Civil Code, the Commercial Code, the
Social Security Code, and the Employment Promotion Act, the Persons with Disabilities Act,
the Protection from Dismissal Act, and others.

Synoptic German-English text of the Act Against Restraints of Competition (takes account of
the Sixth Amendment of the Antitrust Act which came into force on January 1, 1999), translations of a number of important statements by the German Federal Cartel Office, useful
bibliography of English publications.

Compiles complete English translations of the laws affecting the German financial industry
(e.g., German Stock Exchange Law, Stock Exchange Admission Regulations, the Deposit
Law, the Special Conditions for Dealings in Securities, as well as important supplementary
materials), preceded by a practice-related in-depth introduction.

Synoptic texts of the German law and its English translation with an introduction in English.

German Securities Trading Act.
Wertpapierhandelsgesetz.

The English and
German text of the law, along with a chronology of the law in
English and German, from the official Web site of the German Federal Securities Supervisory office
(Bundesaufsichtsamt für den Wertpapierhandel - BAWe). Also featured under laws and
publications on that Web Site are ordinances, guidelines, announcements and letters in both
German and
English.

English translation of the German Investment Companies Act, the General and Special Terms
of Contract for Securities Funds and Money Market Funds, and a list of BVI members
complete with addresses, telephone and fax numbers.

The English and
German text of the law from the official Web site of the German Federal
Securities Supervisory office (Bundesaufsichtsamt für den Wertpapierhandel - BAWe). Also featured under laws and publications on that Web Site are ordinances, guidelines,
announcements and letters in both German and
English.

Summary in a synoptic German-English text of all applicable laws and regulations. Glossary
of German terms and abbreviations with translations thereof, useful index.

Law on the Supervision of Insurance Undertakings.
Berlin: Bundesaufsichtsamt für das
Versicherungswesen, 1997.

Law on the Supervision of Insurance Undertakings. Gesetz über die Beaufsichtigung von
Versicherungsunternehmen.

Text of the law as amended per January 2000 in
English and
German from the official Web
site of the German Federal Supervisory Office for the Insurance Industry
(Bundesaufsichtsamt für das Versicherungswesen).

Available in German and
English from the website of the German Ministry of Education,
Science, Research and Technology. Both the English and German site feature a clickable
table of contents that takes you to the actual text of the law. The English table of contents
includes a German translation of article headings.

Federal Building Code

Available in German and
English from the website of the German Ministry for Transport,
Construction and Housing.

Federal Regional Planning Act

Available in German and
English from the website of the German Ministry for Transport,
Construction and Housing.

See also an article summarizing the main features of the new Arbitration Act via the Web site
of the German law firm Pünder,
Volhard, Weber & Axster (since a merger at the beginning of 2000 Clifford Chance Pünder)

Postal Act/Postgesetz.

Available in German and
English from the official website of the German Regulatory Authority
for Telecommunications and Post. The German and English text of the law both have a
clickable table of contents that takes you to the actual text of the law.

Five-volume set in English providing very extensive and in-depth coverage of the various
aspects of business dealings and business law in Germany. The different chapters have been written by authorities in these fields and give an overview of the issues involved (such as the
government and legal system, general private and commercial law, and business organization). Separate volume of translations of pertinent laws and code sections. Each
chapter is preceded by an extensive table of contents. Detailed index of all chapters in volume
3.

Comprehensive five-volume encyclopedia designed for the practitioner, scholar and
researcher. It covers some 200 countries, each of them in a separate chapter. The chapter on Germany in volume II provides an overview of the country's legal system and legal history,
along with bibliographic sources relating hereto. This introduction is followed by a compilation of major publications in both German and English. It has a good subject arrangement by fields
of law. Sources available in English are listed alphabetically at the very end of the chapter. This set is very current as it is supplemented three to four times annually.

This source covers the various procedural and practical aspects of foreign and international
law, its substantive issues, and research sources in a well-organized loose-leaf volume with extensive bibliographical references and footnoting.One chapter deals with the legal systems
of individual countries, providing references to English translations and digests of primary sources, research guides, reference works, and bibliographies. It has a good index with
cross-references to main entries, and appendices featuring a list of publishers in the field,
depository libraries, and international organizations.

Intended to introduce the legal practitioner to German commercial law, this is a practical and
straightforward guide which offers a wealth of information on a broad range of German legal
issues, including industrial and intellectual property, competition law, business organizations,
mergers and acquisitions, agency, insolvency, and others. The introduction explains the
structure of the legal profession and the court system in Germany. It also features a
legislation table and an index.

Single-volume set in commentary/treatise form that is divided into a tax part and a business
law part. It has an extensive index updated by a "latest additions to the index" section, as
well as a separate cumulative index of new developments, and cases and legislation. Finding
lists lead the reader to legislation in the various fields and to cases decided by German
courts. Both are updated by a "latest additions to cases" section. Checklists feature
important addresses of authorities, translations of the titles of legislation, and a
German-English glossary of terms as well as forms. A separate division deals with the
international aspects of income tax.

Dannemann, G. An Introduction to German Civil and Commercial Law. London: British Institute of International and Comparative Law, 1993.

This book discusses the most important areas of private and public law and gives an
introduction to German legal culture. Each chapter is written by an expert in the field. It
features an extensive table of contents and a summary of contents, a list of abbreviations,
and a detailed index with both English and German keywords and cross-references (with
translations of major keywords into German given in brackets). Each chapter has its own
bibliography.

Hart, J.A. U.S. Business and Today's Germany: A Guide for Corporate Executives and Attorneys. Westport, Conn.: Quorum Books, 1995.

Seeking to foster an understanding of Germany as a business partner, this volume provides
an overview of the general business environment in Germany, the main forms of doing business, the principal laws involved, arranged by subject, and major US companies in
Germany. It features a selected bibliography of German and English source material and a rather modest index.

General
Private and Commercial Law

Agency Law

Staubach, F. The German Law of Agency and Distributorship Agreements. European Commercial Law Library series. London: Oyez Publishing, 1977.

A commentary and guide that intends to present in a clear and simple form to the
businessman and his professional advisers the leading features of the national commercial
laws of the country concerned, and covers all aspects of commercial and distributorship
agreements in German law. It has a detailed and sizable index.

Annotated sample contracts under German and European law regarding patents, utility
models, know-how, and computer softwares, synoptically arranged in German and English.
Six appendices, including various EEC regulations, and excerpts from the German Act
against Restraints of Competition and the German Patent Act. Further, German and English
indexes, a list of abbreviations, and an extensive bibliography of sources in German and
English.

This multi-country guide (includes section on Germany) offers information on international
trademark practice with detailed explanations of the laws and rules on initial registration requirements and procedures, transfers, assignments, licenses and means of enforcement,
summaries of multilateral and bilateral agreements, complete sets of forms for each country.

Everything you have to know about business tenancies
(Gewerbe-Mietrecht) from conclusion to notice. This practical guide reflects years of experience with foreign companies and is tailored to meet their needs.

A guide through the legal, financial and taxation problems the foreign investor investing in
German real property will encounter that is written in a clear and concise language by
practitioners who are recognized experts in their fields. Two of the fifteen chapters deal
specifically with the taxation aspects of real property transactions; one chapter provides
sample contracts in synoptic presentation of the German and English texts. Includes two
pocket-part supplements devoted to specific problems involved in real property investments in
East Germany, a keyword index in German and English, and a bibliography on the subject.

Detailed analysis of German income taxation as applied to individuals and corporations and a
discussion of net worth tax, trade tax, the value-added tax and inheritance tax. Includes working papers such as forms of tax returns, model articles of incorporation, summaries of
the effect of tax treaties of Germany on dividends, interest an royalties, and the texts of the
German tax treaties with the US. Updated by "changes and analysis" pages that are filed
right behind the table of contents. Index and several finding tools such as a master index by
subject, a code sections index, an estate, gifts and trusts classification guide and key word
index, and a foreign income classification guide and key word index.

A basic practitioner's guide published annually and providing essential domestic tax
information overviews of a large number of countries, including Germany. For the many
countries it covers, it is good for comparisons. It has no index or footnoting at all and no
citations to legislation, cases or literature.

This book provides foreign businesses interested in Germany with concise but comprehensive
information on the current German tax system and to aid foreign managements and international business consultants in their German investment planning. The text is
synoptically presented in German and English. Part 1 explains the basic principles of German
tax law that are of primary importance to foreign investors; Part 2 describes the
Standortsicherungsgesetz (a recently adopted law to enhance Germany's attractiveness as a
business location), with an emphasis on those points pertaining to foreign tax planning; and
Part 3 features the text and explanations of the relevant provisions of the Corporation Tax Act
and other statutes. There is no subject index.

Extensive coverage of the pertinent legal provisions, as well as examples of cases, useful
selection of sample contracts, notices of dismissal, and other documents in Part VIII, and a
list of the official laws with an English translation.

This book is addressed to business executives and their professional advisors and provides a
practical overview of the legal, financial and administrative aspects instrumental in corporate
mergers and acquisitions in Germany.

Mergers and Acquisitions in Europe. London: British Institute of International and Comparative Law,
1993.

An introduction to German civil and commercial law including a detailed description ofpertinent German corporation law.

A monograph discussing the transfer of a business, labor law aspects, U.S. and German
taxation.

Business
Regulation

Antitrust/Competition
Law

Hoffmann, D./Schaub, S. The German Competition Law. Legislation and Commentary. Deventer, the Netherlands: Kluwer Law and Taxation Publishers, 1983.

This book in English contains pertinent legislation, pronouncements and orders, along with
explanatory memoranda and a commentary section with subsections devoted to an introduction, the scope of the GWB and a discussion of substantive law topics.

This compendium offers a brief survey of the legal and business aspects of international bank
operations in 17 countries, including Germany, and the European Economic Community. It has a table of banking legislation but no index.

A guide prepared to assist those interested in doing business in Germany, it does not cover
every subject exhaustively but answers some broad questions regarding Germany's general
and business environment, foreign investment, the regulatory environment, banking and
finance, issues involved in exporting to Germany, legal forms of business, labor relations, the
tax systems, etc. with some useful appendices, e.g., tax rates, a checklist for setting up in
Germany, and examples of financial statements.

Doing Business in Germany. Urbacher Hacker Young International, 1993.

Offers an overview of aspects involved in doing business in Germany, including business
organizations, accounting, taxes, labor law, and social insurance. A very basic source
designed to offer a general idea of the subject.

An information brochure on the framework for foreign trade with the Federal Republic of
Germany designed to assist foreign business partners to set up businesses and take their
first steps in the German market. It covers general aspects of Germany as a business
location as well as the practical ones, such as legal issues, foreign trade regulations, taxes,
promotion of regional economic development and of the new states, etc. Some useful appendices provide contact addresses of authorities, at federal and local level, economic
promotion agencies, credit institutions, and industrial associations.

Hart, J.A. U.S. Business and Today's Germany: A Guide for Corporate Executives and Attorneys. Westport, Conn.: Quorum Books, 1995.

Seeking to foster an understanding of Germany as a business partner, this volume provides
an overview of the general business environment in Germany, the main forms of doing business, the principal laws involved arranged by subject, and major US companies in
Germany. It features a selected bibliography of German and English source material and a rather modest index.

This business directory, which appears in both an English and German edition, is an index to
companies arranged in four parts: Part I lists companies by their German domicile towns; Part II lists German companies with their US business partners; Part III, US companies with
their German business partners; and Part IV companies according to SIC Code. The first
index is arranged geographically by location, the second and third indices are arranged
alphabetically by company, and the fourth by branch of industry. This directory includes some
useful features such as a list of important US government offices in Germany and German
government offices in the US, and lists of abbreviations of the US federal states and of general abbreviations and positions.

A handbook of Germany's largest corporations, this source is published annually and provides
one-page entries of key information on Germany's top companies ranked by their annual sales/turnover. The information is drawn from databanks, annual reports, and press and public
records. Each entry, besides the address, phone and fax number, presents the company's
financial results, postal code, products and activities, and management. Appendices list
Germany's top banks and insurance companies. Other useful elements include a synoptic presentation of a German, UK and US statement of income, a list of legal forms of German
companies, and SIC codes. The three indices are arranged alphabetically by company, by
industry and by city. There is a list of advertisers.

A directory in English, French, German, and Spanish. It lists companies and their products in
four indices: an alphabetical index of product designations, a classified register of manufacturers and suppliers, a classified register of manufacturers according to the German
industrial standard, and an alphabetical company index. Priority in selecting companies for
inclusion in the directory is given to manufacturers of investment goods and industry-related
service companies (also available on CD-ROM, and as a commercial database with enhanced
search features).

German American Chamber of Commerce. Subsidiaries of German Firms in the U.S. 1999/2000. Tochtergesellschaften deutscher Unternehmen in den USA 1999/2000. New York, NY: GACC
Publication Services, 1999.

This source provides a number of indices that list subsidiaries of German firms in the US (in
an alphabetical directory, and classified by state and SIC Code). Entries include, beside the address, the type of products, number of employees, name and address of parent in
Germany, Web site and e-mail information, if any.

The online version of Kanzlei 500 in German language. Lists law firms in Germany
alphabetically, by court district and rank in certain practice areas and regions. It refers to
international affiliations and features additional legal news and information.

An online international law firm directory in English based on the Legal 500 series from the
Web site of Legalease, an independent publisher in the UK (See also Kanzleien in Deutschland and Kanzlei 500 above). The German law firm directory lists firms alphabetically
and by size, and gives recommendations for law firms in certain practice areas.

This dictionary with 50,000 entries comprehensively covers all aspects of business, including
British/US usage. Textboxes illustrate usage by quotes from authoritative sources such as major newspapers. Useful features include a list of international telephone codes, instructions
on how to answer the phone in German, a synoptic presentation of how to draft a curriculum vitae or job application in German and English, as well as lists of UK counties, US states,
Canadian provinces, German states, and Swiss cantons.

Addressed to translators, legal advisors, private investors and corporate consultants this
dictionary, which covers 1200 entries and 250 topics, defines German legal terms and
concepts in English and vice versa. Features standard contracts in English and an
alphabetical index of English terms.

A comprehensive dictionary with over 70,000 entries, designed for users in business and the
financial service sector and translators, this source carries terms from all fields involved in modern business, including since its most recent edition the futures, options, swaps and
other derivative instruments business. It illustrates differing meanings of terms by the example of sentences; and provides explanations of mechanisms, instruments, and institutions
involved in banking and stock trading.

A comprehensive and current industrial property database via Dr. Jochen Krieger, an attorney
specializing in this field, which contains the full text in the vernacular of German laws relating
to industrial property along with supplementary sources and pertinent literature.